Re: Please respond!!
10-29-2012 01:12 PM
In response to a DV request, the statute (FDCPA 809(b)) does not require the debt collector to prove their verification of the debt.
It requires that the debt collector "obtains verification." Complete validation may also require the debt collector to provide a copy of any judgment, if one has been entered by a court, and the name and address of the original creditor, if the DV request specifically included request for identity of the OC.
It would be wise for any debt collector to also have in their records a copy of the original account agreement executed between the consumer and the original creditor, for as you have correctly stated, FDCPA 808(1) makes it a violation for them to attempt to collect any amount either not specifically authorized in that original agreement or otherwise specifically permitted by law. However, in my opinion, nothing in the statute requires them to secure and provide such documents to the consumer. It is the consumer's responsibility to assert any such violation, and to have their own supporting documentation.
The DV process is basically a requirement that the debt collector put into writing that their collection is based on a reasonable review of their records and has factual support, not just an assertion of indebtedness.
Should they provide unsupportable verification (e.g., they lie), and the issue is ever before a court who can compel production of their supporting basis, they face the wrath of the judge.